How can examiners search for foreign patents for pre-AIA 35 U.S.C. 102(d) rejections?

Examiners have several methods to search for foreign patents that could be used for pre-AIA 35 U.S.C. 102(d) rejections. The MPEP outlines the following approaches:

1. Electronic database search:
   

   “The search for a granted patent can be accomplished on an electronic database either by the examiner or by the staff of the Scientific and Technical Information Center.“

2. Online searching: For more information on online searching, examiners can refer to MPEP § 901.06(a), subsection IV.B.
3. Requirement for information:
   

   “Alternatively, if the examiner has a reasonable basis for concluding that pre-AIA 35 U.S.C. 102(d) prior art might exist, the examiner may make a requirement for information under 37 CFR 1.105.“

For more details on requirements for information, examiners can consult MPEP § 704.10 et seq.

To learn more:

• pre-AIA 35 U.S.C. 102(d)
• foreign patent search
• patent examination
• electronic database
• requirement for information